H-1B visa holders are taxed on their income in one of two ways: Those categorized as “non-resident aliens” are taxed only on the income they earn in the United States Those categorized as “resident aliens” are taxed on income earned both in the U.S. and elsewhere. Non-resident Alien A non-resident alien must complete tax form…
Ten months after the release of the Neufeld Memo focusing on the employer-employee relationship aspect of the H-1B petition, the U.S. Citizen and Immigration Services (USCIS) appears to have retreated to a more reasonable interpretation of the common law relationship. Focusing on the correct concept of “Right to Control” rather than the original unsupported position of…
This is the conclusion of the four-part blog series that detailed a lawsuit which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo. The first three blogs discussed the complaint that was filed in court, the motion for preliminary injunction that was filed by the Plaintiffs, and the response…
This is part three of a four-part blog series reviewing a lawsuit (Broadgate et al. v. USCIS) that was filed with the District of Columbia Federal court challenging the Neufeld Memo. The first and second blogs focused on the Plaintiffs’ complaint and the request for a preliminary injunction. This blog will detail Homeland Security’s response…
This is part two of the four-part blog series reviewing a lawsuit (Broadgate et al.) that was filed with the District of Columbia Federal court challenging the H-1B Neufeld Memo. In the first blog we discussed the complaint filed in court. This blog will detail the Application for Preliminary Injunction filed by the plaintiffs. Broadgate…
This is part one of a four-part blog series which will provide an insight into a lawsuit (Broadgate et al. v. USCIS) which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo which had an impact on H-1B applications in the US including Columbus, Ohio and Troy, Michigan. Broadgate…
Our firm has recently learned that, in light of the H-1B Neufeld Memorandum, certain ports of entry are more vigilantly checking the Labor Condition Applications (LCA) of H-1B visa holders. Immigration officers are reviewing the LCAs of visa holders to confirm the end client work location matches the work location indicated on the LCA. If…
The Neufeld Memo is in violation of the Administrative Procedures Act (APA), which governs rule-making by government agencies and sets forth minimum procedures which must be followed by government agencies issuing new rules. The United States Citizenship and Immigration Services (USCIS) did not follow the procedures required by the APA when it unilaterally changed the…
A Columbus, Ohio client recently asked me what has changed at the H-1B visa interview and what to expect due to recent policy changes. So I thought a blog on this topic is appropriate. The H-1B visa is an employment-based, non-immigrant validation available for foreign national workers in specialty occupations. Unless a foreign national is…
Many H-1B visa holders were alarmed by the recent news that several H-1B workers attempting to enter the United States at Newark Airport were either denied entry and sent back to their home countries or placed in expedited removal proceedings. While it has become clear in the weeks since that Customs and Border Protection (CBP)…